SHWETA DHINGRA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE issues raised in all these writ petitions pertain to the appointment to the post of Civil Judge (Junior Division) in the State of Himachal Pradesh. It is the case of the Petitioners that had the select list been properly prepared with sufficient number of candidates in the waiting list, in view of the vacancies which have arisen during the currency of the list, they would have been appointed.

(2.) THE Apex Court in Malik Mazhar Sultan (3) and Anr. V/s. Utter Pradesh Service Commission and Ors. has issued the guidelines with regard to the filling up of the vacancies to the post of Civil Judge (Junior Division) by direct recruitment. The vacancies have to be notified by 15th January every year. The vacancies include existing vacancies on account of retirement and future vacancies and which may arise on account of promotion, death or otherwise. It is also held in the judgment that the select list will operate till the select list for the subsequent year comes into operation. Still further, it is directed that the select list should be published in the order of merit and should be double of the vacancies notified. This direction was subsequently modified by the Apex Court by the order dated 24th March, 2009 to the effect that the select list should contain the existing number of vacancies and the anticipated vacancies for the succeeding year and should include some candidates in the waiting list. Unfortunately, the select list published by the Public Service Commission was only for the clear cut vacancies of five and three anticipated. No doubt, the said list is in the order of merit. As far as the facts of the instant cases are concerned, there is no dispute with regard to the select list on the aspect of communal rotation, so that we need not go into that aspect at this stage, we may refer the same for future guidelines later in this judgment.

(3.) STEPS for recruitment for the year 2011 have already been initiated. We find that six clear cut vacancies have been notified (2 -SC, 2 -ST and 2 -OBC). Six are anticipated (2 -General, 1 -ST and 3 -OBC). The Public Service Commission, it is expected would be publishing the select list by the end of October, 2011. Therefore, the select list already prepared /to be duly prepared is to operate till the select list of 2011 is published. There will be a direction to the High Court to intimate all the available vacancies as on 15th October,2011 to the Commission and the Government on or before 17th October, 2011. Steps for filling up for those vacancies shall be taken by the Commission and the Government from the select list of 2010 and the appointments shall be made before 29th October, 2011.